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Modification: Régimen general to Cuenta Propia

Modification: Régimen general to Cuenta Propia

What are the requirements to change from régimen general to cuenta propia?

  1. Lack a criminal record in Spain and in their previous countries of residence.
  2. Not be prohibited from entering Spain.
  3. Be registered in the corresponding Social Security Scheme as a self-employed person or meet the following requirements:
    1. Meet the requirements that current legislation requires for the opening and operation of the projected activity.
    2. Possess the required professional qualification or proven experience, sufficient in the exercise of the professional activity, as well as in the case the registration when required.
    3. To be able to prove that the planned investment is sufficient and the impact, where appropriate, on job creation.
    4. Be able to prove that you have sufficient financial resources for your maintenance and accommodation, once deducted the necessary for the maintenance of the activity.

What documentation must I provide to be able to make the modification?

  • Application form in official form (EX – 07) in duplicate, duly completed and signed by the foreigner.
  • Copy of the complete passport or travel document or registration card in force abroad.
  • Criminal record certificate issued by the Authorities of the country or countries in which you resided during the last five years prior to your entry into Spain.
  • In the event that they are not registered in the corresponding Social Security scheme as self-employed, they must provide:

In retail business activities and provision of the services listed in the Annex of Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.

In the rest of activities and provision of professional services, list of authorizations or licenses required for the installation, opening or operation of the projected activity or for the professional exercise, indicating the situation in which the procedures for its achievement are , including, where appropriate, the application certifications before the corresponding agencies.

  • Copy of the documentation that proves having the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
  • Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.
  • Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.

By way of example, regardless of its justification by other means admissible by law, the last three sections can be accredited by the valuation report issued by one of the following organizations:

  • Federación Nacional de Asociaciones de Empresarios y
  • Trabajadores Autónomos (ATA)
  • Unión de Profesionales y Trabajadores Autónomos (UPTA)
  • Confederación Intersectorial de Autónomos del Estado Español (CIAE)
  • Organización de Profesionales y Autónomos (OPA)
  • Unión de Asociaciones de Trabajadores Autónomos y Emprendedores (UATAE)

What is the procedure?

The foreigner personally is the subject who must submit the application at the immigration office of the province in which he is residing (or where his domicile is fixed).

The presentation must be made within 3 months of the notification of the nullity, divorce or cancellation of your registration.

Residence fees: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:

  • Modelo 790, Código 052
  • Modelo 790, Código 062

How long will it take?

3 months from the day following the date on which it has entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence.

IMPORTANT: The modification to a third party or own account are the most common, however, if none of these options is for you, you could also:

  • Modification of community regime to non-profit residence.
  • Modification of community regime to residence with the exception of work authorization.
  • Modification of community regime to residence and work for research.
  • Modification of community regime to residence and work of highly qualified professionals.

What are the requirements to change from régimen general to cuenta propia?

  • Lack a criminal record in Spain and in their previous countries of residence.
  • Not be prohibited from entering Spain.
  • Be registered in the corresponding Social Security Scheme as a self-employed person or meet the following requirements:

- Meet the requirements that current legislation requires for the opening and operation of the projected activity.

- Possess the required professional qualification or proven experience, sufficient in the exercise of the professional activity, as well as in the case the registration when required.

- To be able to prove that the planned investment is sufficient and the impact, where appropriate, on job creation.

- Be able to prove that you have sufficient financial resources for your maintenance and accommodation, once deducted the necessary for the maintenance of the activity.

What documentation must I provide to be able to make the modification?

  • Application form in official form (EX – 07) in duplicate, duly completed and signed by the foreigner.

  • Copy of the complete passport or travel document or registration card in force abroad.
  • Criminal record certificate issued by the Authorities of the country or countries in which you resided during the last five years prior to your entry into Spain.

  • In the event that they are not registered in the corresponding Social Security scheme as self-employed, they must provide:

In retail business activities and provision of the services listed in the Annex of Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.

In the rest of activities and provision of professional services, list of authorizations or licenses required for the installation, opening or operation of the projected activity or for the professional exercise, indicating the situation in which the procedures for its achievement are , including, where appropriate, the application certifications before the corresponding agencies.

  • Copy of the documentation that proves having the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

  • Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.

  • Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.

By way of example, regardless of its justification by other means admissible by law, the last three sections can be accredited by the valuation report issued by one of the following organizations:

  • Federación Nacional de Asociaciones de Empresarios y Trabajadores Autónomos (ATA)
  • Unión de Profesionales y Trabajadores Autónomos (UPTA)
  • Confederación Intersectorial de Autónomos del Estado Español (CIAE)
  • Organización de Profesionales y Autónomos (OPA)
  • Unión de Asociaciones de Trabajadores Autónomos y Emprendedores (UATAE)

What is the procedure?

The foreigner personally is the subject who must submit the application at the immigration office of the province in which he is residing (or where his domicile is fixed).

The presentation must be made within 3 months of the notification of the nullity, divorce or cancellation of your registration.

Residence fees: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:

  • Modelo 790, Código 052
  • Modelo 790, Código 062

How long will it take?

3 months from the day following the date on which it has entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence.

IMPORTANT: The modification to a third party or own account are the most common, however, if none of these options is for you, you could also:

  • Modification of community regime to non-profit residence.
  • Modification of community regime to residence with the exception of work authorization.
  • Modification of community regime to residence and work for research.
  • Modification of community regime to residence and work of highly qualified professionals.